Search: Affective Justice: Book Symposium: A Response

leadership of the United States should face trial as the “principal perpetrators and planners of the crimes which occurred” there. This is not an isolated example. When Telford Taylor wrote Nuremberg and Vietnam in 1970, applying the Nuremberg standard to the United States’ actions in Vietnam, television networks were said to have been reluctant to provide him a forum to express these views. And a law review article described the book as a “melange of inaccuracies, half-truths, and rhetorical implications”. While international criminal justice’s institutional nostalgia is not entirely disconnected...

that will mitigate the use of international criminal justice for political and security ends; and not blur the lines between peace and justice (Werle and Zimmermann 2019, 3). The idea that international justice is “inherently political” (Ba 2020, 65) holds true for the instances highlighted by Ba in the book. Similarly, bringing perpetrators of gross human rights violations to account; providing victims of international crimes with a platform to detail their violation; and providing reparations for victims is also justice. In conclusion, Russian novelist and philosopher Aleksandr Solzhenitsyn writes: “When...

discuss throughout this article. Certainly this recognition is one that must be sought within a transitional justice scheme; it also demonstrates the ways in which progress regarding the role of gender in transitional justice may be incremental and context-specific. In the synthesis of gendered approaches to transitional justice that I outline in my article, I attempt not to undermine the importance of the revolutionary yet basic recognition that women are “human.” Instead, I demonstrate that this may be the starting point for transitional justice, and that mechanisms must build upon...

simply fill in the right names. MS. MILLETT: I think -­ JUSTICE BREYER: There is never a case where this act would give immunity if the plaintiff has a good lawyer. Is that what you are saying? JUSTICE GINSBURG: Ms. Millett -­ MS. MILLETT: This act is good against -­ JUSTICE GINSBURG: -- I thought your point is, if the relief is against the state, it doesn't matter who you name as the plaintiff. MS. MILLETT: That -­ JUSTICE GINSBURG: Whether it's injunctive relief or money relief, if the relief...

...law if not in practice) by every country in the world except the US (before Roper) and Somalia. Now, I would think one can be a bit sanctimonious about that, but I'll try and resist the temptation. Regards, Marko Tobias Thienel I wonder if it is really a good idea for a judge to write this sort of thing. The tone certainly does not reflect too well either on the dignity of 'the honorable Justice' or, perhaps, the Court. Justice Scalia berates one of his colleagues on the Bench for...

...Putting aside these fiscal calculations, the Appeal Chamber’s decision seems to suggest (but neglects to reason) that due process considerations somehow also pointed inevitably to a retrial. Presumably, these include the rights of the accused and the witnesses and the interests of justice more generally. It is worthwhile examining those to gain a better view of the salient issues that constitute these (not mentioned, and apparently low priority) interests of justice. By 2020, Mr. Stanišić, whose original trial was plagued with ill-health and resulting delays, including findings of unfitness that...

to fulfill the title’s goal. To this end, Opinio Juris is pleased to be hosting a symposium on the book in furtherance of the conversation on how to ensure respect for IHL. This symposium follows a webinar on the book hosted by the Irish Centre for Human Rights, which will be made into a podcast. In this symposium a number of authors have been asked to reflect on the themes of the book – both by way of review of the book chapters but also by way of proposing new...

5. You want to know more? Follow the symposium and read the book! — I am truly honoured and grateful to all experts taking part in this blog symposium. I have read your work when writing the book, engaged with your arguments, and learned from you; you are among the scholars I admire most in your respective disciplines. I look forward to reading your views. I am especially grateful to Katharine & Ezequiel from Armed Groups and International Law, and Jessica from Opinio Juris, for organizing this symposium. Merci beaucoup!...

Krisch’s challenge to my heuristic of dividing up the functional roles ICs play, which also returns to Alford’s critique of my decision to discuss ICSID under the rubric of administrative review. I want to end by thanking An Hertogen and Sadie Blanchard for organizing this joint symposium, and Opinio Juris and EJIL: Talk! for hosting and coordinating. It is the very first written feedback I am receiving on the book. Thanks again to Tonya Putnam, Roger Alford, Jacob Katz Cogan and Nico Krisch for their thoughtful engagement with my book!...

terminology to transitional variables that offer more promise in explaining the occurrence and outcome of these multidimensional events that tend to defy neat legal categories. Professor Landau’s response raises another salient question that I am exploring in a forthcoming article titled The Military as the Guardian of Constitutional Democracy, 50 Colum. J. Transnat’l L. __ (forthcoming Summer 2013). In his response, Landau argues that “contrary to much of the recent foreign policy debate, it is not always true that the optimal level of military involvement in politics is no involvement.”...

...the Haitians’ claim. Justice Stevens found his own ruling deeply in tension with the spirit of the treaty, but curiously, instead of reading that text consistent with that object and purpose, Justice Stevens found instead that, although “the human crisis is compelling, there is no solution to be found in a judicial remedy.” Internal Court memos unearthed after Sale show that Justice Scalia had objected to the Court’s mere mention of “the moral weight” of the Haitians’ claim, saying “For my taste, that comes too close to acknowledging that it...

potential implications – in regard to international law, and, more importantly, upon the situation of the Rohingya themselves. The symposium we have curated at Opinio Juris, in coordination with the Asia Justice Coalition, seeks to highlight some implications of these international legal proceedings, and the issues that need further examination, strategizing and advocacy. Our contributors in this symposium address some fundamental questions, such as the discussion regarding “peace v justice” in the context of Myanmar, where supporting the democratization process seems to have come at the cost of further marginalization...